PDF: DA statement on plea deal in San Bernardino County
corruption case

Special Section: San Bernardino County Corruption Probe

Former San Bernardino County Assessor and Supervisor Bill
Postmus pleaded guilty Monday afternoon to corruption charges after
more than two years of fighting the allegations in court.

As part of the plea agreement, Postmus, 39, pleaded guilty to 15
felony counts against him including accepting bribes, misuse of
public funds and possession of methamphetamine. However, all but
three of the counts will be dismissed based on his cooperation with
prosecutors, including as a possible witness in two ongoing county
cases.

The remaining three charges — conspiring to accept a bribe,
conflict of interest and misappropriation of public funds — carry
a maximum combined penalty of five years in state prison, according
to a district attorney’s news release.

The charges stem from two separate ongoing cases. One involves
the assessor’s office where he is accused of misappropriation of
funds. The other case stems from his previous role as a county
supervisor and involves bribery charges in the $102 million
Colonies settlement.

In a statement, District Attorney Mike Ramos said he plans to
prosecute those cases — in which two former Postmus aides still
face charges — vigorously.

Superior Court Judge Michael A. Smith, who went over the terms
with Postmus in court, said it will be up to a judge to decide his
sentence and determine if he cooperated truthfully with
prosecutors.

“There’s still a very real likelihood that you would be
sentenced to jail or prison on the remaining three counts,” he told
him.

Postmus, a Republican, spoke briefly, answering in the
affirmative as Smith asked him if he understood the deal and
entering the guilty pleas. He declined to comment as he left the
courtroom.

His attorney, Stephen Levine, said that Postmus could not afford
to keep fighting the case, noting he declared bankruptcy last year
and had to ask the court to assign him legal representation.

“In the political climate today and based on Mr. Postmus’
finances, we felt it was in his best interest to bring this matter
to some kind of conclusion, so we started negotiations with the
district attorney’s office in that regard,” Levine said.

Until Monday, Postmus had repeatedly declared his innocence and
accused prosecutors of a political vendetta.

Levine said he did not know what kind of information Postmus
might provide prosecutors. He said Postmus already has submitted to
one interview and likely will be questioned further.

Levine said it’s up to prosecutors to decide whether Postmus
will be called to testify in the two ongoing cases and any possible
other prosecutions.

Arrested and charged

Postmus was first arrested on drug charges in January 2009 and
resigned as assessor a month later. Prosecutors later charged him
with nine felony counts and a misdemeanor, including misuse of
public funds, grand theft, perjury and possession of
methamphetamine. Those charges related to his time at the
assessor’s office, where he is accused of running a political shop
and using the position for personal gain.

In February 2010, prosecutors announced additional charges
against Postmus in a separate case, accusing him and former
Assistant Assessor Jim Erwin of using illegal means including
bribery to reach a $102 million legal settlement with Colonies
Partners.

The county entered into the settlement with the Rancho Cucamonga
development company in November 2006 when Postmus was on the Board
of Supervisors. The settlement was reached after a nearly five-year
legal battle between the county and Colonies over flood-control
easements at the company’s Upland development.

The Colonies bribery case also included five unnamed and
uncharged co-conspirators. The John Does were later identified as
Jeff Burum and Dan Richards, co-managing members of Colonies
Partners; former San Bernardino County Supervisor Paul Biane, who
voted for the settlement; Mark Kirk, former chief of staff to
Supervisor Gary Ovitt; and Patrick O’Reilly, a media consultant to
Colonies.

None of the John Does have been charged and all have denied
wrongdoing.

In a statement, the district attorney’s office said Postmus’
admission of a conflict of interest in the Colonies settlement
could lead to further proceedings in civil court to void the
settlement.

Ramos stated that the plea “demonstrates that public officials
will be held accountable for violations of the public trust while
in office.”

Deal criticized

Rajan Maline, an attorney for Erwin, Postmus’ co-defendant in
the Colonies case, said he does not believe that Postmus’ deal will
affect his client.

“His plea is directly related to his conduct and nothing to do
with Mr. Erwin’s conduct,” he said.

Maline said the agreement was not a surprise given Postmus’
“erratic and unstable behavior” in the last year. In August,
Postmus was arrested on drug charges for a third time, this time
during a court appearance.

Levine said Postmus, who entered drug treatment rehabilitation
after that arrest, has been clean and sober since then.

Richard Grenell, a spokesman for Colonies, criticized the deal
in a statement.

“It is sad that drugs and pressure from multiple cases have
pushed Bill Postmus to sink to a level where he says things that
are untrue, inconsistent with every statement he has made in the
past and inconsistent with what everyone else involved in the
settlement has said,” he said. “Jeff Burum did not participate in
any conspiracy and did not pay any bribe.”

Biane said he is not concerned about being charged.

“I know that I did everything by the book while holding elective
office,” he said. “The Colonies settlement was still the right
settlement for the county’s taxpayers.”

Former Supervisor Dennis Hansberger, one of two no votes on the
settlement, said he never felt the settlement was justified and
hopes the county can get the agreement invalidated in court.

“My position was always that the facts just did not support the
decision the board was making… I did not know, however, that
there was criminal activity behind the actions of my colleagues,”
he said.

Levine said plea negotiations began in earnest about three to
four weeks ago and continued until the last minute. He, Postmus and
Deputy District Attorney Lewis Cope conferred in Levine’s law
offices across the street from the courthouse prior to entering
court.

Postmus was not scheduled to be in court until Friday and the
agreement was not part of the day’s calendar. Attorneys entered the
courtroom around 4:30 p.m., when courtrooms usually end the day’s
business.

Postmus, who was released on his own recognizance, is due back
in court Oct. 14. A sentencing date has not been determined.

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